DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang (US 20230397990).
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding claim 1, Wang discloses a tissue clamping system (Figs. 1-2, section 0053, a tissue closure system of an embodiment includes a tissue closure device and a transporter. The tissue closure device includes first clamping parts and second clamping parts configured to clamp tissue.), comprising a tissue clamping device 1 and a driving component 330 (Fig. 2, section 0056, 0098, The first clamping arm is rotatably connected to the supporting arm , e.g., an end of the first clamping arm is pivotally connected to an end of the supporting arm such that the supporting arm can spread the first clamping arm so that the first clamping arm and the supporting arm are movable between an open position and a closed position. The angle of the second clamping parts is then controlled by the control wire to capture the leaflets. After the second clamping parts capture the valve leaflets, the lever is moved axially such that the supporting arms and the second clamping parts move toward each other and abut against the spacer to clamp the valve leaflets), wherein the tissue clamping device comprises a clamping part 10, 110 , a first supporting part 20, 120, a second supporting part 111, 121 (Figs. 1-4), and a restricting part 320 (area of Fig. 2 and 14 above element 130); the clamping part 10, 110 comprises at least two supporting arms and at least two clamping arms in one-to-one correspondence with the at least two supporting arms (Figs. 1-2, 6), the at least two supporting arms 111 are provided on the first supporting part, and the at least two clamping arms are provided on the second supporting part (Figs. 5-6, section 0062-0063, each of the supporting sections includes a curved segment and an extending segment connected to the curved segment); the second supporting part comprises a guiding element 170, and the restricting part 320 (area above element 130 in fig. 14) passes through the first supporting part and is fixedly connected to the first supporting part (Fig. 14, section 0096, the lever to sequentially pass through the second fixing base and the first fixing base via the spacer, a guide tube having a lumen is provided inside the spacer ); the driving component passes through the restricting part and is detachably connected to the second supporting part, and the driving component is configured to drive the at least two supporting arms to expand or close radially with respect to the restricting part, so that the at least two clamping arms expand or close radially with respect to the restricting part (Fig. 2, section 0056, 0098, The first clamping arm is rotatably connected to the supporting arm , e.g., an end of the first clamping arm is pivotally connected to an end of the supporting arm such that the supporting arm can spread the first clamping arm so that the first clamping arm and the supporting arm are movable between an open position and a closed position. The angle of the second clamping parts is then controlled by the control wire to capture the leaflets. After the second clamping parts capture the valve leaflets, the lever is moved axially such that the supporting arms and the second clamping parts move toward each other and abut against the spacer to clamp the valve leaflets); in a closed state, a distal end of the restricting part 320 is housed in the guiding element 170 such that the distal end of the restricting part 320 is housed in the guiding element at the first moment when the supporting arm is expanded (Figs. 2, 14, section 0093, The lever is contained in the transporting sheath . The lever has a proximal end connected to the control and a distal end passing through the spacer and the second fixing base and extending to the first fixing base . The distal end of the lever is detachably connected to the first fixing base).
Regarding claim 2, Wang discloses the distal end of the restricting part is housed in the guiding element when an included angle between the two supporting arms 120 is 60° to 150° (Fig. 19c, d).
Regarding claim 3, Wang discloses the distal end of the restricting part is housed in the guiding element when an included angle between the two supporting arms 120 is 120° (Fig. 19c, d).
Regarding claim 4, Wang discloses the tissue clamping device further comprises a sealing part, the sealing part surrounding the restricting part (Fig. 2, 14, section 0088-0089, The spacer can seal and fill the gap between the two tissues, further improving the sealing performance. The shape of the spacer is not limited, and any shape capable of performing a sealing and buffering function may be used ).
Regarding claim 5, Wang discloses one end of the supporting arm is rotatably connected to the first supporting part (sections 0006, 0100, a first clamping arm and a supporting arm rotatably connected to the first clamping arm. Transmitted along the supporting arm to a position where the supporting arm is rotatably connected to the first clamping arm to drive the first clamping arm to open), one end of the clamping arm is fixedly connected to the second supporting part, and the other end of the supporting arm is rotatably connected to the other end of the clamping arm (section 0006, 0076 One end of the curved section is fixedly connected to the straight section, and the other end is rotatably connected to the first clamping arm. An end of the straight rod of the supporting section away from the curved rod is fixedly connected to the first fixing base , as shown in FIG. 7. Referring again to FIG. 11, an end of the supporting arm away from the first clamping arm is rotatably connected to the second fixing base).
Regarding claim 6, Wang discloses the supporting arm comprises a curved section 123 and a straight section 124, one end of the curved section is fixedly connected to the straight section and the other end is rotatably connected to the clamping arm; alternatively, one end of the curved section is fixedly connected to the straight section, and one end of the straight section away from the curved section is rotatably connected to the clamping arm (section 0006, 0076 One end of the curved section is fixedly connected to the straight section, and the other end is rotatably connected to the first clamping arm. An end of the straight rod of the supporting section away from the curved rod is fixedly connected to the first fixing base , as shown in FIG. 7. Referring again to FIG. 11, an end of the supporting arm away from the first clamping arm is rotatably connected to the second fixing base).
Regarding claim 7, Wang discloses the curved section 123 is curved in a closed position and a degree of curvature of the curved section increases as the clamping arm and the supporting arm move from the closed position to an open position (Section 0007, and the degree of curvature of the curved section increases as the first clamping arm and the supporting arm move from the closed position to the open position).
Regarding claim 8, Wang discloses the clamping arm comprises a connecting section and two supporting sections, two ends of the connecting section are separately connected to the two supporting sections, and an end where the connecting section is located is a free end of the clamping arm (Section 0011, the supporting arm includes a supporting body and a connecting portion connected to the supporting body, where an end of the connecting portion away from the supporting body is connected to the first clamping arm, and an end of the supporting body away from the connecting portion is rotatably connected to the second fixing base); each of the supporting sections comprises a curved segment and an extending segment, one end of the curved segment is connected to the extending segment, and the other end is connected to the connecting section, and an end of the curved segment away from the extending segment is not in the same plane as the extending segment, so that the connecting section is away from an axial central axis of the tissue clamping device (section 0016, Each of the supporting sections includes a curved segment and an extending segment. One end of the curved segment is connected to the extending segment, and the other end is connected to the connecting section. An end of the curved segment away from the extending segment is not in the same plane as the extending segment, so that the connecting section is away from the longitudinal central axis of the tissue closure device).
Regarding claim 9, Wang discloses the extending segment comprises a curved rod and a straight rod connected to the curved rod, an end of the curved rod away from the straight rod being connected to the curved segment (Section 0017, the extending segment includes a curved rod and a straight rod connected to the curved rod, where an end of the curved rod away from the straight rod is connected to the curved segment).
Regarding claim 10, Wang discloses there are two clamping arms, and in the closed state, a connection region of the curved rod and the curved section of one clamping arm abuts against a connection region of the curved rod and the curved segment of the other clamping arm (Section 0018, there are two first clamping parts and two second clamping parts, where a connection region of the curved rod with the curved segment of one first clamping arm abuts against a connection region of the curved rod with the curved segment of the other first clamping arm).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim(s) 1 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 22 and 32 of copending Application No. 18250167 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because both the applications claim a tissue clamping device and a driving component, wherein the tissue clamping device comprises a clamping part, a first supporting part, a second supporting part, and a restricting part; the clamping part comprises at least two supporting arms and at least two clamping arms in one-to-one correspondence with the at least two supporting arms, the at least two supporting arms are provided on the first supporting part, and the at least two clamping arms are provided on the second supporting part.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JON ERIC C MORALES whose telephone number is (571)272-3107. The examiner can normally be reached Monday-Friday 830AM-530PM CST.
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/JON ERIC C MORALES/Primary Examiner, Art Unit 3796
/J.C.M/Primary Examiner, Art Unit 3796